BILL NUMBER: SB 252	CHAPTERED  09/27/99

	CHAPTER   481
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE SENATE   SEPTEMBER 1, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN SENATE   MARCH 22, 1999

INTRODUCED BY   Senator Kelley
   (Coauthor: Assembly Member Zettel)

                        JANUARY 28, 1999

   An act to amend Section 149.1 of the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 252, Kelley.  Highway tolls:  transit service:  demonstration
program.
   Existing law authorizes the San Diego Association of Governments
(SANDAG), in cooperation with the Department of Transportation, to
conduct a demonstration program pursuant to which single-occupant
vehicles are allowed to use the high-occupancy vehicle (HOV) lane on
a specified portion of Interstate Highway Route 15 (I-15) for a fee.
Existing law requires the level of service in these HOV lanes to be
Service B, as adopted by the Transportation Research Board, or the
level of service of an HOV lane without single-occupant vehicles.
The authorization for this demonstration program will be repealed on
January 1, 2000.
   This bill would change the level of service in these HOV lanes
from Service B, as adopted by the Transportation Research Board, or
the level of service of an HOV lane without single-occupant vehicles,
to Service C or D, as specified.  In addition, the bill would extend
the repeal date for this demonstration program to January 1, 2002.
   Existing law requires SANDAG, upon completion of the demonstration
program, to submit a report to the Legislature on its findings,
conclusions, and recommendations concerning the program.
   This bill would require the report to be submitted on or before
January 1, 2000.
   The bill also would make technical, nonsubstantive changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 149.1 of the Streets and Highways Code is
amended to read:
   149.1.  (a) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the San Diego Association of
Governments (SANDAG) may conduct, administer, and operate a
congestion pricing and transit development demonstration program on
the Interstate Highway Route 15 (I-15) high-occupancy vehicle
expressway.  The program, under the circumstances described in
subdivision (b), may direct and authorize the entry and use of the
I-15 high-occupancy vehicle lanes by single-occupant vehicles during
peak periods, as defined by SANDAG, for a fee.  The amount of the fee
shall be established from time to time by SANDAG, and collected in a
manner determined by SANDAG.
   (b) Implementation of the demonstration program is subject to each
of the following mandatory conditions:
   (1) Approval of the program by the United States Department of
Transportation shall be obtained before the project is implemented.
   (2) Level of Service  C, as measured by the most recent issue of
the Highway Capacity Manual, as adopted by the Transportation
Research Board, shall be maintained at all times in the
high-occupancy vehicle lanes, except that subject to a written
agreement between the department and SANDAG that is based on
operating conditions of the high-occupancy vehicle lanes, Level of
Service D shall be permitted on the high-occupancy vehicle lanes.
The department and SANDAG shall evaluate the impacts of these levels
of service of the high-occupancy vehicle lanes, and indicate any
effects on the mixed-flow lanes, prior to January 1, 2002.
Continuation of Level of Service D operating conditions after January
1, 2002, shall be subject to a written agreement between the
department and SANDAG.  Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times.  At least
annually, the department shall audit the level of service during peak
traffic hours.
   (c) Single-occupant vehicles that are certified or authorized by
SANDAG for entry into, and use of, the I-15 high-occupancy vehicle
lanes are exempt from Section 21655.5 of the Vehicle Code, and the
driver shall not be in violation of the Vehicle Code because of that
entry and use.
   (d) SANDAG shall carry out the program in cooperation with the
department, and shall consult the department in the operation of the
project and on matters related to highway design and construction.
With the assistance of the department, SANDAG shall establish
appropriate traffic flow guidelines for the purpose of ensuring
optimal use of the express lanes by high-occupancy vehicles.
   (e) (1) Agreements between SANDAG, the department, and the
Department of the California Highway Patrol shall identify the
respective obligations and liabilities of those entities and assign
them responsibilities relating to the demonstration program,
including clear and concise procedures for enforcement by the
Department of the California Highway Patrol of laws prohibiting the
unauthorized use of the high-occupancy vehicle lanes.  The agreements
shall provide for reimbursement of state agencies, from revenues
generated by the program, federal funds specifically allocated to
SANDAG for the program by the federal government, or other funding
sources that are not otherwise available to state agencies for
transportation-related projects, for costs incurred in connection
with the implementation or operation of the demonstration program.
Reimbursement for SANDAG's program-related planning and
administrative costs in the first year of operation of the program
shall not exceed 5 percent of the revenues generated, and shall not
exceed 3 percent of revenues for any year thereafter.
   (2) All remaining revenue shall be used in the I-15 corridor
exclusively for (A) the improvement of transit service, including,
but not limited to, support for transit operations, and (B)
high-occupancy vehicle facilities and shall not be used for any other
purpose.
   (f) SANDAG, the San Diego Metropolitan Transit Development Board,
and the department shall cooperatively develop a single transit
capital improvement plan for the I-15 corridor.
   (g) On or before January 1, 2000, SANDAG shall submit a report to
the Legislature on its findings, conclusions, and recommendations
concerning the demonstration program.
   (h) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2002, deletes or extends
that date.
